Mohanapriya.S v. The Director ( Research )

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Mohanapriya ... Petitioner Vs.

The Director (Research) Bharathidasan University, Palkalaiperur, Trichy-24.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the ref number of 131810/Ph.D./K12/Tamil/R.A/04.03.22 dated 07.03.2022 and quash the same as illegal and consequently direct the respondent to recognize the petitioner as research advisor (Ph.D Program) within a time that may be stipulated by the Court. For Petitioner : Mr.A.Azhageson For Respondent : Mr.V.R.Shanmuganathan Standing Counsel 1/6

ORDER

Heard both sides.

2. The petitioner is presently working as Assistant Professor in the Department of Tamil, Bishop Heber College, Trichirappalli. She applied to the respondent university on 20.12.2021 for recognizing her as research advisor for Ph.D programmes. Since the petitioner was called upon to submit a fresh application, she submitted another application on 03.01.2022. The petitioner's request was rejected vide communication dated 07.03.2022. Challenging the same, the present writ petition came to be filed.

3. The learned counsel appearing for the petitioner reiterated all the contentions set out in the affidavit filed in support of the writ petition and called upon this Court to set aside the impugned communication and grant relief as prayed for.

4. The University has filed counter affidavit and the learned standing counsel took me through its contents. The learned standing counsel called upon this Court to sustain the impugned communication and dismiss this writ petition.

5. I carefully considered the rival contentions and went through the materials on record. Condition No.3.1 of the Ph.D Regulations-2022 reads as follows:- 2/6

"Teachers working on regular basis and not on any other category in schools/Departments/Affiliated College/Research Centres of Bharathidasan University, who have completed a minimum of one-year service and proven research record in the form of research publications in the Journals enlisted in the UGC website/SCI/SSCI/Scopus/Thomson Reuter Journals after their Ph.D degree as given below, are eligible to apply for Research Advisorship.

Professors: Five Research Publications.

Associate Professors: Two research publications Assistant Professors: Two research publications"

6. The stand of the petitioner is that the aforesaid condition has been fulfilled by the petitioner. The petitioner would contend that after obtaining doctorate, she has two research publications to her credit. They were published by one Raja publication of Trichirappali. It is true that the journal published by Raja publication had been discontinued from UGC-CARE list with effect from January 2022. The petitioner's counsel would argue that the publications were made during July - September 2021 which was prior to the discontinuance by UGC. Therefore, according to the petitioner, the research publications to the credit of petitioner cannot be ignored. The petitioner's counsel may be technically right. But then, I am not swayed by the said contention. In academic matters, one cannot afford to relax the standards. UGC had issued a public notice on academic integrity vide Reference No.F.I-1/2018 (Journals/CARE), dated 14th June 2019. It reads as follows:- 3/6

"Any publications in predatory / dubious journals or presentations in predatory / dubious conferences should not be considered for academic credit for selection, confirmation, promotion, performance appraisal, award of scholarship or academic degrees or credits in any form. With immediate effect, research publications only from journals indexed in UGC-CARE List should be used for all academic purposes."

7. The journal said to have been published by Raja Publications had also been discontinued. The fact that the raja publication is no longer an approved publication is enough to considerable doubt on its credentials. Merely because some publication has been made by the petitioner in a journal of doubtful integrity, that cannot by itself confer any right. These are matters in which the academic body will have to take the final call. When the academic body has decided that the petitioner's credentials do not measure up to its standard, it is not for the writ Court to interfere in the matter. The impugned communication is sustained. It is always open to the petitioner to bring out fresh research publications. If they are published by an approved journal, it is always open to the petitioner to move the respondent University again for being recognized as research advisor for Ph.D programmes. The impugned order will not come in the way of considering the petitioner's request afresh on merits. 4/6

8. The Writ Petition is dismissed. No costs. 21.02.2024 Index : Yes / No Internet : Yes/ No rmi G.R.SWAMINATHAN, J.

5/6

rmi 21.02.2024 6/6